JUDGEMENT
M.THANIKACHALAM J. -
(1.) The unsuccessful complainant is the appellant.
(2.) The complainant had purchased a old Cheveorlet Car bearing Regn. No.TN
04 E 300, from its owner T.R. Janarthanan, and the same was given to the
opposite party for repair, and modification, who estimated the cost at
Rs.39,750/-, which was paid, whereas the opposite party has given receipt
only for Rs.25000/-, agreeing to repair the vehicle, and handover the
same within aN year, i.e., on or before 2.10.2003.
(3.) As agreed, though the opposite party had received the amount, failed
to handover the vehicle, despite the fact the complainant handed over an
engine to replace the old engine, which was lying in the car. The
issuance of legal notice also failed to evoke the opposite party TO
deliver the vehicle after repair, thereby he had committed deficiency in
service, compelling the complainant to come to the consumer forum,
seeking appropriate action against the opposite party, for issuing
direction to handover the vehicle after full repair, or directing to
return the amount of Rs.39,750/- with interest, or to handover the old
engine, alongwith unrepaired car, in addition to a sum of Rs.2 lakhs, as
compensation.;
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